Section 391 — Companies Act 1993: Service of documents on shareholders and creditors
Text of the provision Official document
391 Service of documents on shareholders and creditors (1) A notice, statement, report, accounts, or other document to be sent to a shareholder or creditor who is a natural person may be— (a) Delivered to that person; or (b) Posted to that person's address or delivered to a box at a document exchange which that person is using at the time; or (c) Sent by facsimile machine to a telephone number used by that person for the transmission of documents by facsimile. (2) A notice, statement, report, accounts, or other document to be sent to a shareholder or creditor that is a company or an overseas company may be sent by any of the methods of serving documents referred to in section 388 or section 390 , as the case may be, of this Act. (3) A notice, statement, report, accounts, or other document to be sent to a creditor that is a body corporate, not being a company or an overseas company, may be— (a) Delivered to a person who is a principal officer of the body corporate; or (b) Delivered to an employee of the body corporate at the principal office or principal place of business of the body corporate; or (c) Delivered in such manner as the Court directs; or (d) Delivered in accordance with an agreement made with the body corporate; or (e) Posted to the address of the principal office of the body corporate or delivered to a box at a document exchange which the body corporate is using at the time; or (f) Sent by facsimile machine to a telephone number used for the transmission of documents by facsimile at the principal office or principal place of business of the body corporate. (4) Where a liquidator sends documents— (a) To the last known address of a shareholder or creditor who is a natural person; or (b) To the address for service of a shareholder or creditor that is a company— and the documents are returned unclaimed 3 consecutive times, the liquidator need not send further documents to the shareholder or creditor until the shareholder or creditor gives notice to the company of its new address.
Official source: legislation.govt.nz
Search case law on this topic
See judgments from New Zealand courts and tribunals with a plain-English summary and legal holding.
Explore case law →